DIVORCE AND FAMILY LAW

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The first decision is deciding to go through with a divorce.  There are four important factors to consider: 1. children; 2. length of marriage; 3. property; and, 4. compromise.  Your next decision is deciding which experienced Knoxville divorce and family law attorney to hire.

If you have children, is it in the best interest of the children to split custody or to have one parent as the primary custodian?

Was the marriage for ten years or greater?  For a short-term marriage, Tennessee law attempts to place each party back to the position they were in before the marriage took place.  For a long-term marriage, there are many more factors that can determine alimony or the division of marital property.

Property is defined as marital property and separate property.  Marital property is defined as the property accumulated during the marriage.  Separate property is defined as the property accumulated before the marriage or intended to remain separate.

Compromise- how much time and money are you willing to invest to get more time with children or more property.  The more you fight, the more expensive the divorce will be.  Consult with an experienced Knoxville divorce attorney and family lawyer.

Tennessee has a scale for child support that takes into account the number of days you spend with the child and the amount of your income.  The parent who has a greater amount of  days with a child usually will pay less or no child support.

Consult with an experienced Knoxville custody, divorce and family law attorney or family lawyer.

Once you have made the decision to go through with a divorce and hire an experienced knoxville divorce and child custody attorney, you need to factor in, and weigh, your contributions to the marriage.  Long-term marriages open up the door for alimony, and there are four types:

1. alimony in solido; 2. alimony in rem; 3. transitional alimony; and, 4. rehabilitative alimony.

Did only one spouse provide income during a long-term marriage?  Did  one spouse give up educational opportunities to raise a family?  The answers to these questions can determine if alimony is available for a spouse.  Consult with an experienced Knoxville divorce attorney or family lawyer, so that your share of contributions to the marriage is protected.  Mr. Lucas is experienced in divorce and family law.

A knowledgeable, Knoxville divorce and family law attorney can guide you through the factors needed to prove a material change of circumstances, that entitles you to more time with the minor child.  Do you have a material change of circumstances in your lifestyle that affect the best interest of a child? Did your income increase to greater support a child?  Do you have more free time or availability to be with the child?  Is a parent abusing substances that may harm a child?  Has a parent changed their residential location?  These are a few of the questions that can dictate whether the court may modify a parenting plan. When your parental rights are involved in a custody dispute, choose a diligent family lawyer who will prepare for your case effectively.

Are you or your spouse considering the adoption of a child?  Have you consulted with an experienced Knoxville divorce and family law attorney who is knowledgeable in termination of parental rights proceedings?  Are you a parent and remarried?  Is the other parent not involved with the child?  Does the other parent pay child support?  Does the other parent visit with the child?  If you would answer yes to some of these questions, your new spouse who wants to adopt may have standing to terminate the rights of the other parent.

If you are a grandparent or other family member who has custody of a child and  would like to adopt that child, you may need to petition to terminate the rights of a biological parent before you can adopt.  Consult with a Knoxville family law attorney who is experienced in termination of parental rights proceedings and adoptions.

Are you a foster family seeking to adopt a child? You may need a guardian ad litem and an adjudication by the courts to terminate the rights of a biological parent.  Consult with a Knoxville family lawyer who is experienced in termination of parental rights proceedings and adoptions.

The biological parent has to either surrender their parental rights or their parental rights have to be terminated before an adoption can take place.  You need standing to terminate before an adoption can take place.  The right guardian ad litem can be helpful in making sure the best interests of a child is the number one priority.  Consult with a Knoxville divorce and family law attorney who is experienced in custody disputes, as well as termination of parental rights proceedings and adoptions. The right family lawyer can be the difference in a successful outcome for your goals.